Heya. I'm in Nebraska.
Ok... so a friend and I are trying to figure out how exactly how DUI law usually works. We came up with 4 fairly difficult questions to find answers to.
1. My 2nd DUI was amended to a DUI 1st offense by the prosecutor. What does that mean if I were to get another DUI? Would my third be charged as a second, as my second was amended to a first?
(Not that that'll happen - on the rare occasion that I do drink now, I usually don't drink enough to get drunk, and even then, if I have more than 2 beers, I walk or take a cab.)
2. If I were to move to another state (which I do plan on doing this year), and got a DUI - would that be a first (does it go state-to-state?) - or does a DUI follow you nationwide?
3. If one state will let a DUI fall off the record after x amount of years (not sure how many it is in Nebraska), and another state will let a DUI fall off after a different amount of years, how would that work for a subsequent DUI? Example: If Nebraska will let a DUI come off the record after, say, 10 years, but another state lets it drop after only 5, and one were to get a DUI in that 2nd state after 6 or 7 years from getting one in the first state, what happens? I guess that question isn't valid if DUIs don't follow from state to state.
4. If laws change for how long a DUI takes to fall off the record, will those with DUIs already on record be grandfathered for the old amount of years?
Example - if my state lets a DUI fall after 5 years, and it's been 2 years, then a law changes and says it's now 10 years - would I still only have to wait for 3 years for it to fall, or would it now be 8 years?
I guess none of these questions matter very much - but we're curious as to how those scenarios would work out. Thanks for reading!